Bindu Debbarma vs State Of Tripura And Ors

Heard Mr. S. Das, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Additional Government Advocate appearing for the State-respondents. Also heard Mr. R. Saha, learned Legal Aid Counsel appearing for the respondent no.4.

By means of filing this writ petition, the petitioner has prayed for the following reliefs:

(i) Issue notice;

(ii) Admit the petition of the petitioner;

(iii) Call for records relating to the subject matter of the writ petition;

(iv) After hearing the parties be pleased to direct the respondent and each of them to take service of the petitioner pursuant to the memorandum no. F.3(5)CDPO/ ICDS/BLG/4735(325) dated 29.02.2010, and;

(v) After hearing the parties issue a writ of certiorari for setting aside/quash the notification no. F.1(2)/ICDS/ (ENG)JT/2001/629 dated 30.10.2017 forthwith and ;

(vi) Issue a writ in the nature of Certiorari for setting aside/ quash the memorandum no. 1(2)/ICDS/(ENG)/JT/ 2001/371 dated 25.11.2017 forthwith;

The admitted facts in this writ petition are, that the petitioner was engaged as Anganwadi worker at Muslimpara Anganwadi Centre of Chikancherra ADC village under Jampuijala ICDS project in the year 2010. The petitioner fell ill in the month of October, 2016 and she was initially treated by the local doctors and later on, by the doctors of Dr. BRAM Teaching hospital, Hapania. After recovery, according to the petitioner, she went to Anganwadi Kendra and started her job from the month of November, 2016. However, she was asked by the respondent no.3 to produce medical documents, which she accordingly produced. The petitioner on 13.11.2017 went to the office of the respondent no.3 where one of the officials informed her that the respondent no. 3 had issued one notification for engaging one Anganwadi worker at Muslimpara Anganwadi Centre. The petitioner has also annexed the said notification dated 30.10.2017, which is reproduced here-in-below:

"GOVERNMENT OF TRIPURA OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER JAMPUIJALA-TAKARJALA ICDS PROJECT SIPAHIJALA TRIPURA NO. F.1(2)/ICDS/(ENG)/JT/2001/629, Dated: 30/10/2017

NOTIFICATION

Interested female candidates (18-40) yrs. for the post of Anganwadi Worker as lying vacant at Muslim para Anganwadi Centre of Chikancharra ADC village under Jampuijala ICDS Project are here by inviting to appear at the Walk-in-interview which is scheduled on 15th Nov., 2017.

The terms & condition will be followed with rigidly.

Application in plain papers will be received at Jampuijala ICDS Project office, during office hour from 1st Nov, 2017 to 13th Nov, 2017, within 11 am to 3 pm except Govt. holiday.

Interested candidates should have passed Madhyamik or above.

Candidates shall be married or widow and resident of Chikancharra ADC village.

Candidates shall be (18 to 40) yrs of age on 1st Nov. 2017.

Self signatory photocopy of birth certificate, Educational qualification/Aadhar card/ ROR/ST-SC/Ration card to be enclosed with this application.

Recent passport size photograph to be pasted on the application.

No TA/DA will be admissible for this purpose.

Any unavoidable circumstances the interview process may be postponed/ cancelled.

Enclo:- Proforma of application Child Development Project Officer Jampuijala Takarjala ICDS Project Jampuijala, Sepahijala Tripura"

Mr. S. Das, learned counsel appearing for the petitioner has submitted that the respondent no.4 was illegally engaged as Anganwadi worker at Muslimpara Anganwadi Centre in violation of the guideline framed by the government vide memorandum dated 01.10.2017 (Annexure 4 to the writ petition). Mr. Das, learned counsel has further submitted that the notification dated 30.10.2017 was issued by the respondent no.3 only to accommodate the respondent no.4 arbitrarily and in violation of Article 14 and 16 of the Constitution of India and then the engagement is liable to be set aside.

To controvert the submission of the learned counsel appearing for the petitioner, Mr. M. Debbarma, learned Additional GA appearing for the State-respondents has submitted that the petitioner was unauthorizedly absent w.e.f. 25.10.2016 to 12.03.2017. According to learned Additional GA, the petitioner even did not inform the authority concerned about the reasons of her absence. She also did not submit any leave application to the office of the Child Development Project Officer (for short CDPO). Mr. Debbarma, learned Additional GA has drawn my attention to the memorandum dated 15.11.2016 (Annexure R-2 to the counter affidavit) wherein the petitioner was asked to report to her duty. The said memorandum dated 15.11.2016 is reproduced in verbatim:

"GOVERNMENT OF TRIPURA OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER JAMPUIJALA-TAKARJALA ICDS PROJECT SIPAHIJALA TRIPURA NO. F.1(21)/ICDS/(ESTT)/JT/2001/503, Dated: 15/11/2016

MEMO

It is reported by the PRI Body of Chikancharra ADC Village Smt. Bindu Debbarma AWW of Muslimpara AWC is most irregular & having absent for long days. Side by side, Sector Supervisor have also been visited in several time but remaining out of station. At this position Muslim para AWC is great hampering of different activities. So, AWW Smt. Debbarma is instructed that immediately report on duties otherwise will be face on problem. In this contact, Smt. Puspa Debbarma AWW of Bhubanpara AWC under same project reported that her husband namely Sri Nirmal Debbarma, 35 years has been escaping illegally with Smt. Bindu Debbarma, AWW & whereabout does not know. Matter very much illegal however, it is their own business but AWC activities should not be hampering at all.

To,

Smt. Bindu DebBarma AWW of Muslim Para AWC for Information & compliance Child Development Project Officer Jampuijala Takarjala ICDS Project Jampuijala, Sepahijala Tripura"

Mr. Debbarma, learned Addl. GA has further submitted that one Supervisor (ICDS) had visited the Muslimpara Anganwadi centre and found the petitioner absent unauthorizedly from her duty and other workers of the Muslimpara Anganwadi Centre also reported that the petitioner was irregular and always used to remain absent.

It is revealed from the counter affidavit and records therein that the CDPO, Jampuijala-Takarjala ICDS project, Sepahijala had issued a show-cause notice dated 12.01.2017 to the petitioner wherein she was asked to show-cause within 7 days from the date of issuance of the said show-cause notice as to why her service as Anganwadi worker should not be terminated. Again, another show-cause notice was issued on 24.02.2017, but, the petitioner failed to submit any reply to those show-cause notices. Finally, the respondent no.3 had issued the termination order vide memorandum dated 12.03.2017 (Annexure R-6 to the counter affidavit). Under that circumstance, only for smooth functioning of the project, the respondent no. 4 was engaged as Anganwadi worker for the said centre vide memorandum dated 23.04.2017 (Annexure R-7 to the counter affidavit) as a temporary arrangement.

On 30.10.2017, the CDPO, Jampuijala-Takarjala ICDS Project had issued a public notice asking the interested female candidates within the age group of 18-40 years for engagement to the vacant post of Anganwadi worker at Muslimpara Anganwadi Centre of Chikancherra ADC village under Jampuijala ICDS project. Such interested candidates were also asked to appear in walk-in-interview as per the scheduled time and date mentioned in the notice itself. In pursuance of the said notice dated 30.10.2017, many eligible candidates had appeared before the interview board, and through a proper selection process, the respondent no.4 along with others were appointed as Anganwadi worker at Muslim para Anganwadi Centre.

Mr. R. Saha, learned Legal Aid counsel appearing for the respondent no.4 has submitted that the respondent no.4 has been engaged through a proper selection process, and her appointment should not be treated as an illegal appointment. Further, the learned counsel has submitted that the engagement of the respondent no. 4 along with others cannot be said to be a back door entry in any manner whatsoever. The initial engagement of the respondent no. 4 vide memorandum dated 23.04.2017 was only a temporary engagement for smooth functioning of the Anganwadi centre at Muslimpara and to meet the urgent requirements of the centre. Mr. Saha has further submitted that recently he has been engaged as Legal Aid Counsel to appear on behalf of respondent no. 4, and for this, he could not file the counter affidavit in reply to the writ petition. However, Mr. Saha has submitted the engagement letter issued in favour of the respondent no. 4 including her qualification certificate.

Having regard to the submissions of the learned counsel appearing for the parties, I am of the opinion that the termination of the service of the petitioner cannot be termed as an arbitrary action on behalf of the respondents. The petitioner was found absent for a considerable period of time from discharging her duties, for which she was assigned to perform. Being found her absent for so many days, the competent authority had issued show-cause notices upon the petitioner asking her to explain as to why she was absenting from her duties. The petitioner never felt it necessary to respond to those show-cause notices. Ultimately, according to me, the respondent no. 3 had no other alternative, but, to terminate the petitioner from her service for smooth functioning of the Anganwadi centre at Muslimpara. It is not the case that no reasonable opportunities were afforded to the petitioner before her discontinuation as Anganwadi worker.

Further, I am not in agreement with the submission of the learned counsel appearing for the petitioner that the engagement of the respondent no. 4 is arbitrary and illegal for the reason that initially due to the absence of the petitioner at the said Anganwadi centre, the respondent no. 4 was engaged as a substitute worker to run the said Anganwadi centre smoothly considering the object of establishing Anganwadi centres at the rural areas of the State. Subsequently, the State-respondents came up with a process of established method of selection process, and for that purpose they had issued notification inviting application from the eligible candidates to appear for walk-in-interview and through that selection process, the respondent no. 4 along with others were appointed as Anganwadi worker, required for smooth functioning of the said Anganwadi centre and in the interest of public.

Hence, I find no illegality in the appointment of the respondent no.4 to the post of Anganwadi worker for the Anganwadi centre at Muslim para.

Accordingly, the instant writ petition being bereft of merit stands dismissed.

No order as to costs.